Random House Australia Pty Ltd v Abbott [1999] FCA 1538
Defamation
(1999) 167 ALR 224, (1999) 94 FCR 296
Random House Australia Pty Ltd v Abbott [1999] FCA 1538
RANDOM HOUSE AUSTRALIA PTY LIMITED V THE HON ANTHONY JOHN ABBOTT AND MARGARET VERONICA ABBOTT
A 23 OF 1999
RANDOM HOUSE AUSTRALIA PTY LIMITED V THE HON PETER HOWARD COSTELLO AND TANYA PAMELA COSTELLO
A 24 of 1999
JUDGES: BEAUMONT, MILES & DRUMMOND JJ.
DATE: 10 NOVEMBER 1999
PLACE: SYDNEY (HEARD IN CANBERRA)
DEFAMATION - meaning of publication - natural and ordinary - false innuendo - whether particulars of meaning required to be pleaded as imputations or false innuendos - whether publication conveyed imputations as pleaded - whether imputation of lacking personal integrity defamatory - whether imputation of shallow political commitment defamatory - whether imputation of being of weak and unreliable character defamatory - whether trial judge erred in reading "sexually promiscuous" as meaning "guilty of unchastity" - whether publication bore an imputation of unchastity - whether imputation of sexual promiscuity defamatory - whether imputation of unchastity defamatory - whether imputation of low moral standards defamatory - whether imputation of being a political manipulator was defamatory.
DEFAMATION - procedural fairness - whether the appellant was denied natural justice when trial judge found an imputation not pleaded was conveyed by the publication.
DEFAMATION - damages - whether award of damages excessive - whether failure to apologise justified an award of ordinary compensatory damages - whether failure to apologise gives rise to aggravated damages - whether respondent received double compensation for failure to apologise in award for ordinary compensatory damages and aggravated compensatory damages.
John Fairfax v Punch (1980) 31 ALR 624 referred to
Chakravarti v Advertiser Newspapers (1998) 193 CLR 519 considered
Reader's Digest Services Pty Ltd v Lamb (1982) 150 CLR 500 considered
Fletcher v Autocar and Transporters Limited [1968] 2 QB 322 cited
Rookes v Barnard [1964] AC 1129 referred to
Broome v Cassell & Co Ltd [1972] AC 1027 considered
Coyne v Citizen Finance Limited (1991) 172 CLR 211 referred to
Humphries v TWT Ltd (1994) 120 ALR 693 considered
Australian Broadcasting Commission v Comalco Ltd (1986) 68 ALR 259 cited
Cairns & Morosi v John Fairfax & Sons Ltd [1983] 2 NSWLR 708 considered
Maisel v Financial Times Ltd (No 1) (1915) 84 LJKB 2145 cited
Woodger v Federal Capital Press of Australia Pty Ltd (1992) 107 ACTR 1 cited
Clark v Ainsworth (1996) 40 NSWLR 463 considered
Cooke and The Australian Liquor, Hospitality and Miscellaneous…
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- AGLC
- Random House Australia Pty Ltd v Abbott [1999] FCA 1538
- Case
- [1999] FCA 1538
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CaseChat Overview and Summary
The primary legal issues before the court were whether particulars of meaning needed to be pleaded as imputations or false innuendos, and if the publication conveyed the imputations as pleaded. The court had to ascertain whether specific imputations, such as lacking personal integrity, being of shallow political commitment, or having a weak and unreliable character, were defamatory. Additionally, the court considered whether the trial judge erred in interpreting certain terms and whether the imputations of unchastity or low moral standards were defamatory. The court also examined procedural fairness in relation to imputations not pleaded by the respondent.
The court found that the publication conveyed the imputations as pleaded, including the imputation of lacking personal integrity, which was deemed defamatory. The court clarified that the term "sexually promiscuous" did not necessarily mean "guilty of unchastity" and concluded that the imputation of unchastity was not conveyed by the publication. The imputation of low moral standards was also found to be defamatory. The court determined that the trial judge did not err in his interpretation of the terms and found that the imputation of being a political manipulator was not defamatory. Regarding damages, the court held that the award of damages was not excessive and that the failure to apologise justified an award of ordinary compensatory damages. However, the court found that the failure to apologise did not give rise to aggravated compensatory damages, as the respondent had already been compensated for the failure to apologise in the award for ordinary compensatory damages.
The court ordered that the appeal be dismissed, and the decision of the lower court be upheld.
Orders
Orders of the court
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Background
Background to the litigation
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Evidence
Evidence Before The Court
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Decision
Reasons for decision
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Ratio Decidendi
Legal Principle Established
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